House energy committee reviews amendment to define and limit plug-in photovoltaic devices, sets landlord and utility rules

The House Energy and Digital Infrastructure Committee met April 1 to review amendment draft 4.1 to S.202, which would define and regulate small "plug-in photovoltaic" devices and set limits on their installation and interaction with utility systems.

Legislative Council attorney Ellen Czajkowski walked the committee through the draft, which renames what had been called "portable solar energy generation devices" to "plug-in photovoltaic devices," requires that devices connected to a single electric meter have a combined inverter capacity of no more than 1,200 watts, and specifies that devices must be connected only to systems that use smart meters. "Page one, section one is amending the definition section to define what we're talking about here," Czajkowski said as she read the proposed changes.

The draft would also exempt qualifying plug-in photovoltaic devices from review under section 248 of the chapter, would not require an interconnection agreement with an electric distribution company, and would remove the devices from routine jurisdictional oversight by the Public Utility Commission. Czajkowski said that those exemptions reflected changes requested by utilities during prior consultations.

Committee members pressed on several practical points. The bill text would prohibit a customer that has a net‑metering agreement from also using a plug‑in photovoltaic device and makes exported generation from such devices ineligible for net‑metering compensation. Members discussed how existing meters register backflow and whether the bill’s language would inadvertently allow meter rollback; the committee agreed the intent was that customers would not receive net‑metering credit for exported power from these small plug‑in devices.

Lawmakers also discussed landlord and deed‑restriction issues. Multiple members said tenants installing devices should need landlord permission; the committee agreed to await written testimony and suggested model language from the Landlords Association. Committee members asked Legislative Council to advise whether those protections belong in Title 27 (landlord‑tenant statutes) or elsewhere. "We heard testimony from the Landlords Association yesterday," a member said, and the committee agreed to attach the landlords’ suggested wording in the next markup round.

Utilities had also proposed a provision allowing electric distribution companies to recover costs associated with any service overloads caused by plug‑in photovoltaic devices; members called it a cautious concession to stop repeated complaints to utilities. The draft further requires devices installed in public buildings to comply with the most recent building and fire safety codes, and bars towns and deed covenants from using zoning or restrictive covenants to prohibit qualifying devices — language modeled on existing protections for clotheslines.

Safety and standards remain an open item. Committee members said they had discussed concerns raised by the Independent System Operator and noted those concerns involved device certification and interconnection behavior under IEEE and UL standards. Czajkowski reported that Megan at UL wrote back to the committee and that UL will provide testimony next week and has indicated the relevant certifications are on the materials list the committee sent: "Megan from UL wrote back ... and said yes UL covers all these things," she told members. The committee agreed to send the latest draft to UL to confirm the exact standards and to review UL’s written attachment before finalizing language.

Next steps: committee staff will circulate UL’s response when received, incorporate written testimony and suggested landlord language from the Landlords Association, and bring a revised draft back for further markup. No votes or formal motions were recorded at the April 1 meeting.